Illustrative Scenario
🇦🇺 Australia

De Facto Partner Visa — Three Rounds of Further Evidence

Last reviewed: March 2026·8 min read·Educational Example

This composite scenario illustrates how a de facto partner visa (Subclass 820) application with limited cohabitation history navigated three separate Requests for Further Information from Home Affairs over 14 months — and what the pattern of requests reveals about how case officers assess relationship genuineness.

Scenario Profile
Occupation
Electrical Engineer
Country of Origin
Vietnam
Pathway
Subclass 820 → 801
Timeline
28 months to 820 grant
Outcome
Visa Granted

Background

In this illustrative scenario, an electrical engineer in his late twenties had been in a genuine relationship with an Australian permanent resident for approximately two years before lodging a Subclass 820 (Onshore Partner) visa application. The couple had met through an online platform while he was working in Vietnam and she was in Australia. Over the following year, they maintained a long-distance relationship through video calls, messaging, and reciprocal visits — he visiting Australia on tourist visas, she visiting Vietnam twice.

By the time the application was lodged, the couple had a total of eight months of in-person cohabitation across multiple stays, but no single continuous period of shared rental accommodation and no co-signed lease. They had not yet opened a joint bank account. The sponsor held permanent residency and was working full-time; the applicant was on a Bridging Visa A while the application was processed.

The relationship was genuine. Both parties could speak at length about each other's family backgrounds, daily routines, professional lives, and shared plans. However, the documentary paper trail that case officers rely on — joint financial accounts, co-signed leases, shared utility bills — was thin at lodgement. This is a common pattern for relationships that developed across international borders and where parties moved cautiously before making formal joint financial commitments.

The Challenge

Partner visa applications assessed under Regulation 1.09A are evaluated across four broad categories: financial aspects of the relationship, the nature of the household, social aspects, and commitment. Case officers weigh the totality of evidence rather than applying a strict checklist, but the absence of any one category's evidence tends to generate scrutiny. In this scenario, the financial and household categories were notably weak at lodgement: no joint bank account, no co-signed lease, no utility bills in both names.

Approximately six months after lodgement, the first Request for Further Information (RFI) arrived. Issued under section 56 of the Migration Act, it asked specifically for evidence of financial interdependence: joint accounts, shared expenses, records of financial transfers between the parties, and evidence that each party was named as a beneficiary or emergency contact on the other's financial or insurance instruments. The case officer noted the absence of any such documentation from the lodgement file.

This is where many applicants make an error: they respond to an RFI by submitting only what was specifically requested, without using the opportunity to also strengthen the weaker areas of the overall file. In a scenario like this, an RFI response is best treated as a full evidential review moment — an opportunity to re-present the relationship across all four regulatory categories, not merely to answer the literal question asked.

Five months after the first RFI response, a second RFI arrived. This time, the case officer requested communication logs — call records, message history, and evidence of regular video communication — for the period prior to cohabitation. This request reflected scepticism about the online-formation phase of the relationship. Without contemporaneous evidence of sustained contact during the long-distance phase, case officers may query whether the relationship was genuinely established or whether parties came together primarily as a visa mechanism.

What Happened

The response to the first RFI required creative but legitimate evidence gathering. By the time the RFI was received, the couple had been living together in Australia for several months on an ongoing basis. They opened a joint bank account, added each other as beneficiaries on superannuation and life insurance policies, and began pooling household expenses through a shared account. Bank statements, insurance policy documents, and a statutory declaration from the sponsor describing the financial arrangements were compiled and submitted.

Critically, the first RFI response also included a comprehensive relationship statement — a chronological narrative written by the applicant detailing how the relationship developed, the nature of communications during the long-distance phase, the content of shared visits, and plans for the future. This statement was supported by a statutory declaration from the sponsor, and separately, by a declaration from the sponsor's sibling who had met the applicant on multiple occasions.

For the second RFI, addressing communication logs, the response drew on call records obtained from telecommunications carriers, WhatsApp call history (exported and annotated), email threads, and screenshots of message conversations spanning the long-distance period. A key element was demonstrating regularity: not just that the parties communicated, but that they communicated daily across years, that the content of communications reflected knowledge of each other's everyday lives, and that the frequency of contact did not diminish when visits were not imminent.

The third RFI — arriving a further three months later — requested statutory declarations from members of the sponsor's immediate family confirming they recognised the relationship as genuine and ongoing. This is a relatively common third-stage request in cases where prior evidence has been primarily documentary rather than testimonial. The sponsor's parents and adult sibling each prepared individual statutory declarations. Each declaration was written in the declarant's own voice, describing specific memories of interactions with the applicant: particular meals shared, conversations had, occasions attended. Generic or formulaic declarations tend to carry less weight than specific, personal accounts.

The final RFI response was lodged with a cover letter that cross-referenced each item of evidence to the relevant regulatory criterion under Regulation 1.09A, providing case officer-ready navigation of the file. This structured submission approach — rather than simply uploading documents — reduced the interpretive burden on the case officer and ensured no evidence was overlooked.

The Outcome

The Subclass 820 (temporary onshore partner) visa was granted approximately 28 months after initial lodgement and three months after the final RFI response. The grant covered both the applicant and the sponsor's relationship as recognised under Australian immigration law. The Subclass 801 (permanent) stage — the second stage of the partner visa pathway — will be assessed after two years from lodgement, at which point the couple will need to demonstrate the relationship remains genuine and ongoing.

The outcome confirms a pattern observed across many partner visa applications with non-standard cohabitation histories: the absence of traditional joint financial documentation at lodgement is not fatal, provided the applicant can demonstrate — across the four regulatory categories and through credible testimonial and documentary evidence — that the relationship is genuine. The 28-month timeline reflects the processing complexity introduced by multiple RFIs; applications with strong initial documentation often resolve in 18–24 months.

Key Lessons from This Scenario

  • Lodge the strongest possible initial file. Thin documentation at lodgement tends to generate RFIs. If a couple has limited joint financial history, proactively address the gap in the cover letter and explain the circumstances honestly — case officers respond better to transparent explanations than to apparent omissions.
  • Treat each RFI as a full-file review opportunity. An RFI response should not only answer the specific question asked — it should also use the opportunity to address any remaining weak areas across all four regulatory categories. A focused but narrow RFI response often prompts a second RFI.
  • Contemporaneous evidence of the long-distance phase matters. Call logs, message records, and email history from the period before cohabitation are important for demonstrating that the relationship formed genuinely over time. This evidence should be preserved and, where possible, exported or requested from carriers before it is needed.
  • Statutory declarations should be specific and personal, not generic. Family and friend declarations carry more weight when they describe specific interactions, occasions, and conversations — not generic statements that the couple appear to be in love. Case officers can identify boilerplate declarations.
  • Structure your RFI response for a time-pressured reader. A cover letter that maps evidence to the relevant regulatory criterion — financial aspects, household, social, commitment — reduces processing time and ensures nothing is overlooked. Unstructured document uploads create interpretive risk.
  • The 820/801 pathway is a two-stage assessment. Applicants who receive the 820 should begin building and maintaining joint financial and social evidence immediately, as the 801 permanent stage assessment will apply similar criteria to a later period of the relationship.
Practitioner Note
The three-RFI pattern illustrated in this scenario is not unusual for applications where relationships formed primarily online or across borders. What it reflects is a case officer who is genuinely trying to assess genuineness — not one who is hostile to the application. In these cases, the work of a practitioner is largely architectural: structuring the evidence to make it as easy as possible for a case officer to reach a positive conclusion. A well-organised initial file with a clear relationship narrative and proactive explanation of any gaps will often prevent the first RFI entirely. Where RFIs do arrive, treating each one as an opportunity to present a more complete picture — rather than simply answering the literal question — is the approach most likely to close the file. The 28-month timeline in this scenario was extended by the iterative RFI process; a comparable application with strong initial documentation would typically be assessed well within that window.
MARN 2518872 · RCIC R705748 · immi.tv
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Frequently Asked Questions

What is an RFI on a partner visa? +

An RFI (Request for Further Information) is a formal s56 or s57 request from a Home Affairs case officer asking an applicant to provide additional documents or clarification. On partner visas, RFIs most commonly relate to evidence of genuine relationship, financial interdependence, shared social life, or commitment. Applicants must respond within the specified timeframe or the application may be decided without that evidence.

How do I prove a de facto relationship without living together? +

Evidence can include communication records (messages, calls, video calls), travel history showing visits, financial transfers between partners, evidence of knowledge of each other's lives, statutory declarations from friends and family, and photos across different periods and settings. The key is demonstrating sustained, genuine commitment over time — regularity and depth of contact matter more than any single document.

How many RFIs can you get on an Australian partner visa? +

There is no statutory limit on the number of RFIs a case officer can issue. Multiple RFIs are common when a relationship has non-standard features such as primarily online communication, limited cohabitation, or absence of joint financial accounts. Each RFI must be responded to within the specified timeframe; failure to respond adequately can result in refusal.

What evidence do case officers look for on de facto partner visa applications? +

Case officers assess four categories under Regulation 1.09A: financial aspects (joint accounts, shared expenses, insurance), nature of household (cohabitation, shared chores, domestic arrangements), social aspects (recognition by family and friends, joint social activities), and commitment (duration of relationship, future plans, knowledge of each other's circumstances). No single category is determinative on its own.

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Illustrative Scenario Disclaimer: This page presents a composite educational scenario based on patterns observed in Australian and Canadian immigration practice. It is not a record of any specific case handled by immi.tv or any named individual. All identifying details are composite constructs for educational purposes. This content does not constitute legal advice. MARN 2518872 (AU) · RCIC R705748 (CA)